Legal Terms You Should Know
The four most relevant legal terms are used for tuition classification purposes are domicile, physical presence, intent, and emancipation.
Domicile is the term used to describe the place where a person has chosen to make a permanent and fixed home. Domicile includes physical presence and intent, and it must be established for the 12 months prior to the first day of classes.
Physical presence is the actual place where a person lives. In the event that you have two or more homes, only one can be considered your legal residence for classification purposes. If you need to establish proof of physical presence you can do so by providing rent receipts, lease agreements, home ownership papers, or statements from landlords.
Intent refers to person's demonstrable plans to establish, maintain, or change his or her legal residence. In addition, the person must demonstrate by actions and appropriate documentation that intent was demonstrated during the 12 months prior to the first day of classes. As the university uses information supplied by you to determine intent, the burden is on you to provide the appropriate documentation.
The tuition law lists several factors that can be considered when determining if intent has been established. The more factors you provide, the easier it is for the college to determine if you have established intent. No one factor by itself is sufficient. Here is a partial list of the factors that can be used to identify intent:
- Payment of Colorado income taxes as a Colorado resident.
- Permanent, full-time employment.
- Withholding of Colorado state taxes from wages.
- Obtaining a Colorado motor vehicle operator's license or a valid Colorado ID for identification purposes.
- Obtaining Colorado license plates.
- Ownership of residential real property in Colorado.
There is no set number of factors that determine an individual's domicile. In fact, the law allows for the consideration of information or circumstances peculiar to an individual. But again, it is the individual's burden to document the information.
Emancipation is the term used when a person under the age of 23 is no longer considered a dependent nor is supported by parents or legal guardian. A minor can begin establishing domicile on the date he/she is emancipated. You can prove emancipation in the following ways:
- The parents or legal guardians submit an affidavit, which surrenders any claim or right to the care, custody, and earnings of the minor, as well as the duty to support the minor and the minor must meet all living expenses, including the cost of education.
- Proof of marriage for one year
- Proof that parents or legal guardians have failed to provide financial support, along with proof that the minor can independently meet all living expenses, including the cost of education.
- Proven entry into the military service (1 year).